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(영문) 울산지방법원 2018.04.25 2017고단2847
업무방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

The Defendant, from around 16:50 on July 15, 2017 to around 17:20, at the 'D' restaurant operated by Ulsan-gu B Victim C, Ulsan-gu, Seoul-gu, and at the 'D' restaurant operated by the Defendant, on about 30 minutes in alcohol, paid the bread value to other customers and employees.

has been employed; or

The victim's restaurant business was interfered with by force, such as singing sound "Saice scream and L," and taking a bath to customers who serve in the table on the next table.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. C’s statement;

1. Request for a statement of criminal place and 112 report processing;

1. Application of each investigation report [Attachment of CCTV images submitted by a witness E] and statutes (the details of arrest of a flagrant offender];

1. Relevant legal provisions on criminal facts, Article 314(1) of the Criminal Act of the choice of punishment, reasons for sentencing of imprisonment [the determination of the area of recommendation] The basic field of business interference [the scope of recommendation] [the scope of suspended sentence] six months to one year and six months] - Major reasons for suspension of execution: negative criminal records of the same kind (not less than five years suspended sentence] - there are no efforts to recover negative damage (the decision of sentenced sentence] in this case, the case committed the instant crime of interference with the instant business by being sentenced to the suspended sentence of imprisonment due to interference with the duties that interfered with the restaurant business, which was not used by the injured party so far, did not endeavor to recover damage, and the records of other fines imposed due to violence are more than two times.

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